3-Party Petition for Drug Dependency

Three-Party Petitions for Involuntary Commitment for Drug Dependency must be initiated by three adult signers, one which must be a medical professional. All signers are required to fill out a questionnaire and return it to our office for review and consideration.

Click here (PDF) for a questionnaire devised to assist our office in evaluating the legal merits of your request for a three-party commitment alleging drug dependence. Please complete it carefully by reciting recent and specific words or actions which, in your opinion, support your contention that the person you seek to commit is drug dependent and in need of treatment.

PLEASE NOTE: A medical professional is required to be one of the three petitioners. The medical professional must be willing to contribute information to the Petition, regarding the physical impairment/health condition the subject individual is suffering due to his/her drug use. Further, the medical professional will be required to testify at all required court hearings (by phone is acceptable if not available in person).

Please provide first-hand examples of recent words or actions fitting the legal element on each page of your worksheet. Upon completion, return the questionnaire to our office for review and consideration. Should it be determined that the facts meet the statutory baseline requisite for the filing of a petition, we will arrange a meeting in our office in order to further discuss and/or sign the necessary court papers. Please note, nothing will be done by this office to evaluate the allegations and court proceedings will not be initiated unless and until all three petitioners’ questionnaires are completed and returned to our office.

The involuntary commitment process involves two court hearings: a probable cause hearing and a final hearing. Please be aware that should we proceed to a probable cause hearing, the subject will be located, detained by law enforcement, and transported to North Central Health Care Center (or another facility as designated) until the time of the hearing. All petitioners will be required to testify in court in front of the subject. All petitioners will be cross-examined by the subject’s attorney regarding the contents of the petition.

If the court finds probable cause to believe the allegations in the petition, the subject is typically returned to the facility to be examined by court-appointed examiners and await a final hearing. Should the subject demand a jury trial, all three petitioners should plan to attend a full-day trial. Again, this will involve testimony and cross-examination under oath. It is after this final hearing that a person may be committed for involuntary treatment. Please note that because the law requires that persons be treated in the least restrictive treatment environment consistent with their needs, subjects are often ready for release to outpatient care following this hearing. There is no minimum inpatient stay associated with this process.

Finally, the law provides for Emergency Detention by law enforcement of persons alleged to be mentally ill, drug dependent or developmentally disabled where the subject poses a significant risk of dangerousness to him/herself or to others. Should the subject threaten harm to him/herself or others at any time during this process, do not hesitate to call 9-1-1- or local law enforcement personnel. This is the quickest way to initiate commitment proceedings.